Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Restoration orders

  • 7 Dec 2007

    SONIA YAU AND ANOTHER v. LAU MING YIN

    Citation
    SONIA YAU AND ANOTHER v. LAU MING YIN
    Court
    Court of First Instance
    Case number
    HCCW16/2002

    The deed of assignment was an unfair preference made within six months of winding up while the company was insolvent; KKE was a creditor and an associate, the statutory presumption of desire operated and was not rebutted, therefore the deed is void and the respondent must repay HK$7,262,042.69 to the liquidators and pay costs.

  • 20 Sept 2001

    PROSPEROUS TONE LTD. v. PEARL FAME DEVELOPMENT LTD.

    Citation
    PROSPEROUS TONE LTD. v. PEARL FAME DEVELOPMENT LTD.
    Court
    Court of First Instance
    Case number
    HCA2196/2000

    The plaintiff failed to prove that vehicles over 5.5 tonnes would affect the structural stability of the access ramp, caisson and retaining wall; accordingly the injunction claim was dismissed. Because the plaintiff succeeded on discrete heads (restoration of railing, restraint against further damage, and certain monitoring requirements tied to evidence about rock anchor longevity), the court ordered that the defendant pay the plaintiff's costs of those specific heads while generally ordering the plaintiff to pay the defendant's taxed costs of the action, with detailed apportionment and taxat…